Questions arising for a decision in this appeal are:

(i) when can the court of appeal interfere with an order passed by the trial court in exercise of its discretionary power?

(ii) when can a court direct a successful party to the litigation to pay the costs of the unsuccessful party?

2. Facts in brief necessary for a decision are:- Appellant No.1 is running a hospital. Appellant No.2 is the chief gynecologist of that hospital. At a time when the respondent had already given birth to two female children, she again conceived and sought medical assistance from the appellants. She gave birth to female twins and thereafter underwent PPS operation at the hospital of the appellant No.1. According to the respondent, the operation was performed by appellant No.2. She was assured that the operation was successful and that she could lead normal sexual life. Believing that, she did so but conceived again much to her agony as she already has four female children and she was finding it difficult to maintain them. Respondent delivered her fifth female child. Respondent issued notice to appellant No.1 seeking damages on the allegation that the operation did not succeed due to lack of car